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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a creature of the State, capable of exercising only those powers granted by the Legislature.'" Fraternal Order of … (internal citations omitted). Thus, "[a] municipality's power to effectuate planning schemes . . . must be exercised …
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… court was delivered by HOFFMAN, J.A.D. In this appeal, we consider whether the Director of the Division of Civil … (quoting Black's Law Dictionary 1144 (8th ed. 2004)). The power arises from the "inherent equitable authority of the … any such provisions or the exercise or performance of any power or duty thereunder. Specifically, the Director sought …
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… LLC (“Alfieri-Finance”), an entity owned and controlled by Plaintiff, to lend the JAF Trust the amount of … and affairs of the Property Entities, including the power to make distributions. Plaintiff asserts that … then this matter would be moot. The Court considered appointing a forensic accountant to review the Alfieri Finance …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … also must allow applicants to terminate or modify the appointment of a DAR at any time. 42 C.F.R. § 435.923(c). In fact, [t]he power to act as an authorized representative is valid until …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … would ultimately determine whether to shut off the power." Id. at 120-121. This bureaucratic ineptitude failed … failure to contact [his supervisor] and secure an emergency power shut-off or to seek relief in 12 A-4554-16T3 court, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … center and parking facility. Ibid. Although it was empowered to exercise the general powers of a nonprofit corporation, its certificate of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and the arbitrator "exceeded or imperfectly executed [his] powers." The District opposed the application and … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and definite award upon the …
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2C:39-7b(1)
Charges Document PDF
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… following should be charged before the beginning of the second trial if it is tried before the same jury that decided … of mind when he did a particular thing. It is within your power to find that such proof has been furnished beyond a … of the character of an item and knowingly has both the power and the intention at a given time to exercise control …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … provided in pertinent part, a parenting time schedule; appointed attorney Amy Shimalla as the parent coordinator … Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007) (citing Kinsella v. Kinsella, 150 N.J. 276, 317 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … an off-duty Newark police officer, and his companion at gunpoint at a motel in Linden. Defendant was sentenced on … have had merit." See State v. O'Neal, 190 N.J. 601, 618-19 (2007) (noting that in order to satisfy the Strickland …
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… Mercer County, Indictment No. 18-02- 0078. Helmer, Conley & Kasselman, PA, attorney for appellant (Patricia B. … We affirm. Defendant raises the following issues on appeal: POINT I THE ASSISTANT PROSECUTOR'S SUMMATION CONSTITUTED … of a fair trial. State v. Wakefield, 190 N.J. 397, 437 (2007). Defendant asserts multiple comments by the assistant …
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… December 22, 2009, Dennis P. McInerney, Esquire, was appointed the temporary administrator of the estate. McInerney … or proceeding was entered or taken." "Although courts are empowered to confer absolution from judgments, '[r]elief … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Even if these claims had been brought timely, within …
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A-3/4/5-24 Petition For Certification Byrd
Briefs
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… on behalf of defendant-petitioner Ebenezer Byrd, who was convicted of felony murder and related offenses, and whose … – defendant’s supplemental Appellate Division brief raising Point VI after a FILED, Clerk of the Supreme Court, 31 May … Division brief, which he adopts in full here regarding all points, plus the additional argument contained herein …
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… Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, to a convicted sex offender who had completely served his … Act," P.L. 2005 c. 189, which was enacted on August 6, 2007, you shall be monitored under the . . . GPS Monitoring … Rather, he advances two issues for our consideration: POINT I THE RETROACTIVE APPLICATION OF THE SEX OFFENDER …
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… At a hearing on October 24, 2019, a law guardian was appointed for Emerson. The law guardian did not take a … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting In re Guardianship of J.T., 269 N.J. Super. … seeks to terminate parental rights, "Title 30 also empowers the Division to seek temporary care and custody of a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … her a defiant look." D.M. told the caseworker that, at that point, "[s]he lost control and began hitting him[.]" She … Labor, 392 N.J. Super. 334, 15 A-1139-15T4 340 (App. Div. 2007)). If "there is a clear showing that [the agency's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … following the 3 A-1091-16T4 accident, she scheduled an appointment to see Edward Magaziner, M.D., a pain management … or] her case." Johnson v. Scaccetti, 192 N.J. 256, 279 (2007) (citing N.J. Const. art. I, ¶ 9). Our Supreme Court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Defendant raises three arguments on appeal. 5 A-3696-21 POINT I THE TRIAL COURT ERRED WHEN IT DID NOT PROVIDE THE … 289 (2006); see also State v. Burns, 192 N.J. 312, 341 (2007); State v. Jordan, 147 N.J. 409, 422 (1997). "The error …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … which indicated that the external hard drive had at some point been connected to the laptop. In addition, the laptop … 538 (2014) (quoting State v. Elders, 192 N.J. 224, 246 (2007)). Defendant further argues that the State did not …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of the decision. On appeal, defendant raises the following points: POINT I THE JURY WAS INCORRECTLY TOLD THREE … done so in this case. State v. Burns, 192 N.J. 312, 335 (2007). 3 None of the participants appear to have noticed the …